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3-82 | EPC Template

EPC Template

This EPC contract contemplates that a single contractor will be responsible for the entire project -- from

design through construction and testing. If the project developer desires to have the same firm also

operate the facility in commercial operation, the contractor could be designated the operator and a

separate contract executed, although that arrangement is not required by the language of the EPC

contract.

Engineering, Procurement and Construction Agreement

This Engineering, Procurement and Construction Agreement (the “Agreement”) is made

and dated as of [Date] between [Legal name and description of organization of EPC

firm] (“Contractor”), and [Legal name and description of organization of Project

developer] (“Owner”). Each of Owner and Contractor may be referred to individually

as a “Party”, and together they may be referred to as the “Parties”.

Recitals

A. Owner is [Brief description of Owner and RET project plans] .

B. Contractor is [Brief description of Contractor and professional capabilities] .

C. Owner desires to construct and operate [Description of RET facility, with particulars

as to renewable energy technology, size and intended business use] (“Facility”) and

Contractor is willing to perform design, engineering, construction work to bring the

Facility to commercial operation, all pursuant to contract with Owner. Contractor is also

willing to operate the Facility commercially under separate agreement with Owner.

D. Owner intend to finance the development of the Facility through [Brief description

of structure of financing arrangement] .

E. Contractor is further willing to act on behalf of Owner by coordinating and enforcing

the Subcontractor Protections as set forth in this Agreement.

F. The Project requires [Brief description of types of regulatory or other governmental

approvals required] (“Authorizations”).

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